Patna High CourtCR. MISC./37130/2020bail granted

Gautam Kumar v. The State Of Bihar

2021-02-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37130 of 2020 Arising Out of PS. Case No.-373 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== GAUTAM KUMAR son of RAMU RAM resident of village- Balor, P.s.- Barh, District- Patna presently residing at Hakikatpur, Renter of Janardan Yadav, P.s.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyanendra Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. Prosecution allegation, in short, is that the accused persons committed loot in the house of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.3.2020. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.37130 of 2020(2) dt.02-02-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in the present case after a period of four months by the informant. There is no recovery of any incriminating articles from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Barh in connection with Bakhtiyarpur P.S. Case No. 373/19.

(Sudhir Singh, J) Pankaj/- U T